Proposed Rezoning. The property is currently zoned County B-4 (General Business), and upon annexation, the property would be zoned City IN (Industrial). The subject property is occupied by a vacant commercial building which until the spring of 2009 housed Malibu Bay Lounge, an adult entertainment establishment. Due to a State law, a new adult entertainment use cannot be established on this site. Although Xxxxxx Industries does not currently have plans to develop the lot, the rezoning would facilitate future expansion of their recycling center. Any future expansion of the recycling center would require a Special Use Permit.
Proposed Rezoning. Attachment A contains the proposed rezoning for the subject site. Policy S-15 of the 2006 RMPS allows for consideration of a mix of residential uses within an Open Space Design development. Staff rely on the underlying zoning of a site to determine what can be included in the mix of residential uses to ensure the form is supported by the community plan. The existing zoning permits single unit dwellings but not senior citizen housing. Rezoning a portion of the site, approximately 19.4 hectares (48 acres) toward Windgate Drive to the MU-1 Zone is proposed to enable consideration of senior citizen housing in the form of townhouse dwellings and multiple unit dwellings in the mix of residential uses for the Open Space Design development. The developer intends to develop the subject lands for residential purposes as a more suitable use of land than for mixed industrial and resource uses currently permitted as-of-right. It is, however, important to note that the extent of rezoning required in order to facilitate the proposed residential development does not involve all I-1 zoned lands in the area. As such, it is possible that industrial type uses could exist in the future for these I-1 lands if the development agreement is not approved for these lands. Staff are not supportive of maintaining lands zoned for mixed industrial and resource uses serviced by central water between two existing low density residential neighbourhoods. Staff therefore recommend that the proposed rezoning and development agreement be approved to support residential development of the subject lands.
Proposed Rezoning. The property is currently zoned County B-2 (Neighborhood Business), and upon annexation would be zoned City B-2 (Neighborhood Business -Arterial). According to the Urbana Zoning Ordinance, the B-1, Neighborhood Business District is intended to provide commercial areas of limited size, for basic trade and personal services for the convenience of adjacent residential areas, for needs recurring regularly or frequently. The B-2, Neighborhood Business – Arterial District is intended to provide areas of limited size along arterial streets in proximity to low density residential areas for a limited range of basic commercial trade and personal services. This district is also intended to provide areas for new high density residential uses. These business and residential uses may occur in the same structure. Due to the location of arterial streets in many residential neighborhoods where commercial and high density residential uses would not be appropriate, the B-2 District shall be limited to only those areas that have been so designated by the City’s adopted Comprehensive Plan and related amendments. The subject property is currently occupied by the Champaign County Power Equipment Company store, a service, sales, and parts store for Stihl power equipment. The power equipment store’s lease is up and they are scheduled to close. Casey’s Retail Company is under contract to purchase the property to relocate their existing East University Avenue store/service station. The Zoning Ordinance classifies the planned Casey’s Retail store as a Convenience Store, which is allowed by right in the B-2 district. The planned store would include gasoline sales, but as an accessory use. This would be consistent with other convenience stores in the City, such as the two at the intersection of Lincoln Avenue and Green Street.
Proposed Rezoning. The property is currently zoned County AG, Agriculture, and upon annexation, the property would be zoned City R-2, Single-Family Residential. The property contains a single-family residence. The 2005 Comprehensive Plan identifies the area as “residential” which is generally consistent with the proposed rezoning. The property is surrounded to the east and west by other single-family home which are not within city limits. Across Airport Road to the north is a mini-warehouse facility. Directly to the south of the subject property is a mobile home park.
Proposed Rezoning. The property is currently zoned County C-R, Conservation-Recreation. As stated, the purpose of this zone is to restrict development in floodprone areas and to protect the natural and scenic beauty of stream corridors. Residential development of any kind is prohibited in this district. Upon annexation, the property would be zoned City R-2, Single-Family Residential. The majority of uses present on the property are allowed in this zoning district. Given that the property and surrounding area have already developed as single-family residential, the R-2 Zoning District is appropriate for the property. The 2005 Comprehensive Plan identifies the area as “rural residential” and outlines ways for development to occur in a manner that does not overly impact the natural amenities of the area.
Proposed Rezoning. The property is currently zoned County R-2, Single-Family, and upon annexation, the property would be zoned City R-4, Medium Density Multiple-Family Residential. Although the tract is currently used for agricultural cropping, the rezoning would facilitate any future use of the church property. The 2005 Comprehensive Plan identifies the area as “multi-family residential” which is consistent with the proposed rezoning. La Salle National Bank Criteria In the case of La Salle National Bank v. County of Cook (the “La Salle” case), the Illinois Supreme Court developed a list of factors for evaluating the legal validity of a zoning classification for a particular property. Each of these factors will be discussed as they pertain to a comparison of the existing zoning with that proposed by the Petitioner.
Proposed Rezoning. The property is currently zoned County R-1 (Single-Family Residence), and upon annexation would be zoned City B-1 (Neighborhood Business). According to the Urbana Zoning Ordinance, the B-1, Neighborhood Business District is intended to provide commercial areas of limited size, for basic trade and personal services for the convenience of adjacent residential areas, for needs recurring regularly or frequently. According to the Urbana Zoning Ordinance, the R-1, Single-Family Residential District is intended to provide areas for single-family detached dwellings at low density. The subject property was platted in 1956 as part of the Xxxxxxxx Acres Subdivision and currently contains a single-family residence. The petitioner acquired the property through foreclosure in 2012 and has been trying to sell it since spring 2013. The petitioner has stated that they feel a commercial zoning district would be more suitable for the property than residential zoning due to its proximity to the Interstate and to other commercial uses. In addition, the petitioner has stated that the residence is in need of a complete upgrade, including a new roof, new bathrooms, and a kitchen remodel, in order to be viable as a single-family residence. The petitioner does not currently have plans to demolish the house and construct a commercial building. Their intention is to be able to market the property with the potential for commercial development. The B-1, Neighborhood Business District allows professional and business offices, as well as a limited number of retail trade, personal services, food sales and services, and public uses. For a full list of allowed uses, please see the B-1 Zoning District Description Sheet (attached). City B-1 zoning allows single-family residential with a Conditional Use Permit (CUP). The agreement grants a CUP to allow Single-Family Dwelling use of the property to continue as a legal, conforming use. The combination of the rezoning and the CUP would allow for a range of options to bring the property back into viable use without negatively impacting nearby residential uses.
Proposed Rezoning. The property is currently zoned County R-2 Single Family Residence, and upon annexation would be zoned City IN-1 Light Industrial/Office. According to the Urbana Zoning Ordinance, the R-2 Single Family Residential district is: intended to provide areas for single-family detached dwellings at a low density, on lots smaller than the minimum for the R-1 District. The R-2 District is also intended to provide for a limited proportion of two-family dwellings. In comparison, the proposed IN-1 Light Industrial/Office district is: intended to provide land for employment centers related to research and development, engineering and testing, office uses, warehousing, and limited manufacturing and industrial activities that will not have an adverse effect upon the district in which it is located. In addition, some low intensity commercial uses may be permitted in this district to provide convenient goods and services for employees and patrons in the zoning district. Higher intensity commercial uses are generally prohibited. Low intensity industrial uses are permitted by right or as a special use, depending on the attributes of the proposed land use. As per Table V-I, Table of Uses, in the Urbana Zoning Ordinance, the proposed IN-1 Light Industrial/Office zoning district permits the “utility provider” use by right, which encompasses the operation of a sanitary sewer pump station (Exhibit F), and matches the zoning of the properties to the east. Conversely, the “utility provider” use is neither permitted by right, nor with either a conditional use or special use permit in the City R-2 Single Family Residential zoning district, the district resulting from a direct conversion upon annexation. The proposed City IN-1 zoning district allows the fewest number of permitted uses of those that permit the “utility provider” making it the zoning district option that most limits the number of potentially incompatible uses.
Proposed Rezoning. The existing clinic is permitted in the Champaign County AG-2, Agricultural Zoning District. The property would directly convert to city AG, Agricultural zoning upon annexation. The Urbana Zoning Ordinance permits a “small animal / veterinary clinic” within the Agricultural Zoning District with the granting of a conditional use permit. A residential duplex would be permitted in the R-3, Single and Two-Family Residential Zoning District. The annexation agreement proposes to directly convert a western portion of the site to the City Agricultural district and grant the conditional use permit to allow the new clinic. The agreement also proposes to rezone an eastern portion of the parcel to R-3 upon annexation to permit the duplex. The animal clinic would be permitted by right in a business zoning district however, at this time staff feels that maintaining the agricultural zoning would best accomplish the goal of allowing the clinic while preserving the agricultural and residential zoning and land uses in the area. Preserving the agricultural zoning also can help prevent a future undesirable commercial land use adjacent to a planned residential area. Annexation Agreement provisions The attached agreement outlines a variety of provisions for zoning and land use. In addition to the provisions for zoning designations, the following provisions are highlighted: • The Owner agrees to dedicate 20 feet of right-of-way for the future improvements of Windsor Road. At this time these improvements are scheduled for 2008-2009. • The City agrees to allow two curb-cuts from Windsor Road; one for each lot. • The Owner agrees to discontinue use of the existing structure for a clinic once the new clinic is established. • The City agrees to grant a variance for lot size and lot width in the Agricultural Zoning District. • The City agrees to grant a variance to allow for an encroachment into the setback for both the parking lot and a monument sign. The variances are necessary due to the excessive requirements of the Agricultural Zoning District. Staff feels that granting these variances within the annexation agreement are preferable to zoning the parcel to a commercial district where the development regulations are more permissive in which case the variances would not be necessary. Comprehensive Plan In 1993 the City of Urbana completed an Extra-Territorial Jurisdictional Area Plan that was adopted as an amendment to the 1982 Comprehensive Plan. This plan identifies the site being...
Proposed Rezoning. The Annexation Agreement states that the property will be rezoned to City IN-1, Light Industrial/Office upon annexation. According to Section IV-5 of the Zoning Ordinance, an annexation agreement is required if the proposed zoning is not a direct conversion from the County zoning designation as listed in Table IV-1 of the Zoning Ordinance. Per Table IV-1, a direct conversion from County AG-2 (Agriculture) would result in the City’s AG, Agriculture, zoning district. The City’s AG zoning district would not permit the planned future uses for the site nor would it be consistent with the Comprehensive Plan future land use designation of “Industrial.” According to the Zoning Ordinance, the IN-1, Light Industrial/Office zoning district has the following description: "The IN-1, Light Industrial/Office District is intended to provide land for employment centers related to research and development, engineering and testing, office uses, warehousing, and limited manufacturing and industrial activities that will not have an adverse effect upon the district in which it is located. In addition, some low intensity commercial uses may be permitted in this district to provide convenient goods and services for employees and patrons in the zoning district. Higher intensity commercial uses are generally prohibited. Low intensity industrial uses are permitted by right or as a special use, depending on the attributes of the proposed land use." The proposed IN-1 zoning would fit the planned future uses at the site, be consistent with the Comprehensive Plan future land use designation of “Industrial,” and be compatible with the adjacent residential uses.
